Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 46664

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Jayalakshmi – Appellant
Versus
Home Secretary – Respondent
WP Crl. No. 1270 of 2026

Advocates:
For the Appellants/Petitioners: H.Maruthi Raj
For the Respondents: C.R. Malarvannan

The court maintains discretion under Article 226 of the Constitution to grant emergency leave to convicts for humanitarian grounds, such as attending funeral ceremonies of immediate family members, provided adequate security escort is secured.

Headnote:The petitioner sought a writ of mandamus to grant emergency ordinary leave to her son, a convict, to attend the 13th and 14th-day funeral ceremonies of his late father. The petitioner invoked Article 226 of the Constitution of India. The court considered whether, in the absence of a dispute regarding the tragic event, it was appropriate to grant temporary leave to the convict to perform religious rites for his deceased father. The court held that it was fair and reasonable to permit the convict to attend the ceremonies. The writ petition was allowed, and the court directed the authorities to release the convict on leave with police escort for the specified dates.

Table of Content
1. court humanitarian intervention for convicts to perform funeral rites. (Para 1 , 2)
2. court order granting conditional release for specific periods. (Para 3)

(Order of the Court was made by Dr.Anita Sumanth J.)

The petitioner’s son is the convict in Central Prison – I, Puzhal and has been lodged in prison since 05.03.1996. The petitioner’s husband, convict’s father, passed away on 22.05.2026 and the petitioner has made a request of leave for the convict to attend the 13^th and 14^th day ceremonies which fall on

06.06.2026 and 07.06.2026 respectively.

2. The Writ Petition has come up for admission and the ceremonies are slated to tomorrow and day after. In light of the fact that Mr.C.R.Malarvannan, learned counsel for the Government of Tamil Nadu (Criminal Side) does not dispute the factum of demise of the convict’s father, it would be only fair to permit the convict to attend the ceremonies as prayed for.

3. Hence, there is a direction to the authorities to permit the convict to go on leave with escort for two days, i.e, on 06.06.2026 and 07.06.2026, though on the following conditions:

(i) Respondents are directed to release the Convict Prisoner viz., Sasikumar, S/o.Rajabader, confined at Central Prison, Puzhal -I, Chennai on Ordinary Leave for 2 days i.e., 06.06.2026 and 07.06.2026 with escort.

(ii) The Convict Prisoner shall be released on 06.06.2026 at 10.00 am and he shall surrender before the Central Prison, Puzhal -I on

07.06.2026 at 5.00 p.m.

4. This Writ Petition is allowed.

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2026 Supreme(Online)(Mad) 46664

IN THE HIGH COURT OF JUDICATURE AT MADRASAnita Sumanth, Sunder Mohan, JJJayalakshmi – AppellantVersusHome Secretary – RespondentWP Crl. No. 1270 of 2026

The court maintains discretion under Article 226 of the Constitution to grant emergency leave to convicts for humanitarian grounds, such as attending funeral ceremonies of immediate family members, provided adequate security escort is secured.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anita Sumanth, Sunder Mohan, JJ
Jayalakshmi – Appellant
Versus
Home Secretary – Respondent
WP Crl. No. 1270 of 2026